Judge William A. Crowfoot, Case Number: 24NNCV03730, Date: 2024-10-23 Tentative Ruling

Judge: William A. Crowfoot, Case: 24NNCV03730, Date: 2024-10-23 Tentative Ruling

This lemon law action, brought by plaintiff Jose Carmen Lopez (“Plaintiff”) was filed on August 21, 2024, and Defendant Ford Motor Company (“Defendant”) timely filed this motion for change of venue on September 20, 2024. Plaintiff alleges that he purchased a 2019 Ford Fusion on June 17, 2019. (Compl., ¶ 8.) The action arises from Defendant’s repair and warranty obligations. Plaintiff details five instances where he presented his vehicle for repair. Plaintiff does not allege where the sales transaction or repairs took place. Defendant contends that this action should be transferred to Imperial County because Plaintiff purchased his vehicle in El Centro, California, from El Centro Motors, and the warranty repairs were performed by El Centro Motors. (Motion, p. 1.) Plaintiff did not oppose the motion.

On timely motion, the court must order a transfer of venue “when the court designated in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397(a).) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482.) A corporate defendant may be sued “in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated.” (Code Civ. Proc., § 395.5.)

The burden is on the moving party to establish facts justifying the transfer. (Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921, 928.) Absent “an affirmative showing to the contrary, the presumption is that the county in which the title of the action shows that it is brought is, prima facie, the proper county for the commencement and trial of the action.” (Ibid.; Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) The moving party may submit declarations containing admissible evidence in support of the motion to transfer venue. (Mission Imports, supra, 31 Cal.3d at p. 928.)

Defense counsel declares that he has represented Defendant in lemon law actions for over ten years and, on information and belief, Defendant’s principal place of business is in Dearborn, Michigan. (Shugart Decl., ¶ 3.) Counsel states that he requested sales and service records from Plaintiff for the vehicle at issue in this action but did not receive any response. (Id., ¶ 4.) Counsel attaches Defendant’s records and states that they indicate that Plaintiff’s vehicle was invoiced to El Centro Motors in El Centro, California, on or around January 7, 2019, and that El Centro Motors was the selling dealer. (Id., ¶¶ 5-6.) The attached records also reflect that El Centro Motors is the only dealer at which warranty repairs were performed. (Id., ¶ 7.) The Court additionally takes judicial notice of the fact that El Centro is located in the County of Imperial, California, as requested by Defendant.

In light of the evidence submitted by Defendant, the Court GRANTS the motion to transfer the action to Imperial County. Plaintiff is ordered to pay all applicable costs and fees before transfer is made to Imperial County. Such costs and fees shall be paid within thirty (30) days of the date of this Order. If Plaintiff fails to pay the fees within this period of time, Defendant may pay those costs and fees and the clerk shall transmit the papers and pleadings of the action. Those costs and fees shall be recoverable as costs by Defendant if it is the prevailing party, or deducted from any amount awarded to Plaintiff if Plaintiff prevails against Defendant. (Code Civ. Proc., § 399, subd. (a).)

William A. Crowfoot

Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.